Harmonization of National Land Law with the Principles of Agrarian Justice in the Constitution.

Abstract

The Indonesian government has launched the National Strategy for Access to Justice in order to provide legal access to the poor and marginalized, which emphasizes the urgency to carry out justice reforms in all areas of life that encourage a better change in Indonesia's position to promote law, justice and human rights for the poor and marginalized (the National Strategy for Access to Justice focuses on eight problem areas in Indonesia). One of the national strategies for access to justice is the field of land and natural resources. This study uses a normative juridical approach, namely a type of legal research that emphasizes applicable legal norms with legal analysis carried out systematically using relevant legal principles, theories, and principles. This approach was chosen because the main focus of this study is a legal political analysis of overlapping authorities in land regulation politics within the scope of the redistribution program within the framework of agrarian reform. The objective of normative legal research is to determine the relationship between the applicable legal framework and policies governing land ownership, namely the Basic Agrarian Law, the Forestry Law, and agrarian reform policies, as well as the political principles of law regarding the determination of legal boundaries, the supremacy of law, and legal guarantees for land rights by the people. This harmonization is realized through the application of principles such as nationality, the right to control the state, recognition of customary rights, the social function of land rights, equal rights between men and women, and land reform to achieve social justice in the agrarian sector. From a political perspective, the state plays an active role in enabling citizens to utilize land equitably. The state changes the view of land not as private property, but as a resource that concerns society and social welfare.